Statement of the Independent Expert on the enjoyment of
all human rights by older persons
First WHO Ministerial Conference on Global Action
Against Dementia
Geneva
16 March 2015
1
Excellencies,
Ladies and Gentlemen,
As the first United Nations Independent Expert on the enjoyment of all human
rights by older persons, I feel extremely honoured to address you on the occasion of
the First WHO Ministerial Conference on Global Action Against Dementia. I am
pleased to share this Panel with so prominent experts from diverse backgrounds and
grateful for the opportunity to share with you some reflections regarding the
importance of adopting a human rights based approach when addressing the issue
of dementia.
The rights and needs of persons with dementia have been given low priority in the
national and global agenda. In particular, with the progression of the disease, as their
autonomy decreases, persons with dementia tend to be isolated, excluded and subject
to abuse and violence.
It is therefore crucial to address dementia through a human rights-based approach
because persons with dementia are rights-holders and States and other stakeholders
are duty-bearers with correlative obligations based on international human rights
standards and principles.
Under a human rights based approach, the development of policies, legislation,
regulation, institutions and budgets related to dementia risk reduction and care should
be anchored in a system of rights and corresponding obligations that States have
agreed to comply with under the international human rights framework.
Although there is no universal recipe, the acronym “PANEL+” could guide us to
development appropriate measures with a view to achieving the effective and full
realization of the human rights of persons with dementia in care or any other
circumstance.
PANEL+ means:
-
Participation: means that all persons with dementia are entitled to active, free
and meaningful participation in, contribution to, and enjoyment of civil,
political, economic, social and cultural life. Persons with dementia must
remain integrated and included in society, and participate actively in the
formulation and implementation of policies that directly affect their wellbeing.
Their voice and choice should be heard. Participation also includes
Accessibility. They should have access to information and care that will help
to them to maintain and regain their wellbeing and to prevent or delay the
progression of the disease.
-
Accountability: means that States and other duty-bearers are answerable for
the realization of human rights of persons with dementia. In this regard, they
have to comply with the legal norms and standards enshrined in human rights
instruments. States must be accountable for the realization of human rights of
persons with dementia. Where they fail to do so, persons with dementia must
be able to institute proceedings for appropriate remedies.
2
-
Non-discrimination + equal treatment: means that persons with or without
dementia are part of the same society and have the same rights and
obligations. Persons with dementia are equal as human beings and entitled to
their human rights without discrimination of any kind, such as race, colour,
sex, ethnicity, age, language, religion, political or other opinion, national or
social origin, disability, property, birth or other status, including health status.
Persons with dementia are equal as human beings and they are entitled to their
human rights without discrimination of any kind. They must be able to live
with dignity and security. In addition, particular attention should be given to
older women with dementia or those with other disabilities.
-
Empowerment: means that persons with dementia must be able or receive
adequate support to claim and exercise their rights. In addition, they must have
access to services to enhance their autonomy. Persons with dementia have the
right to live with autonomy and as independently as possible. The right to
equal recognition before the law also underpins the right to live independently
in the community. Persons with dementia should be able to enjoy legal
capacity on an equal basis with others in all aspects of life. In this context
much more can and should be done to raise awareness of their rights, for
instance, human rights training should be given to formal and informal
caregivers in order to uphold a high quality of care and treatment.
-
Legality: means that all measures, including prevention, diagnosis, and care,
adopted by States and other stakeholders must be linked to the human rights
framework, based on the Universal Declaration of Human Rights and other
international human rights instruments.
I call on all States and other stakeholders to adopt a human rights based approach
when addressing dementia. Dementia is a public health issue, but also a human
rights concern. Persons with dementia should be able to enjoy their rights and
fundamental freedoms in any circumstances. Their dignity, beliefs, needs and privacy
must be respect at all stages of the disease.
Thank you for your kind attention.
3